Appellate Division: Second Judicial Department

M69149

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2007-06849 The People, etc., respondent, v Daniel McCray, appellant. (Ind. No. 06-00316)

DECISION & ORDER ON MOTION

Motion by assigned counsel for the appellant on an appeal from a judgment of the County Court, Westchester County, rendered June 27, 2007, to be relieved on the ground that the appellant has, in effect, abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By decision and order on motion dated February 26, 2008, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he had abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion to be relieved and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted; and it is further,

ORDERED that the motion by assigned counsel to be relieved is granted.

MILLER, J.P., DILLON, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court